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(영문) 서울남부지방법원 2018.08.23 2018고단3128
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 12:15 on April 23, 2018, the Defendant driving two cargo vehicles B B, and driving the front road of the Seocheon-si, Seocheon-si, Seocheon-si, into the vice basin from the original office of the U.S. and led to the U.S. to the vice basin.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care to prevent accidents by safely driving along the lane with a driver who is engaged in driving service.

Nevertheless, the Defendant neglected this and caused the collision of the victim D(26) driving due to the negligence of the U-turning the central line and violating the new subparagraph on the adjacent road.

Ultimately, the Defendant suffered injury to the victim by occupational negligence, such as blood transfusion from an external wound, which has two open situations where treatment between approximately three months is needed.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site map and photograph;

1. Application of the Trabbbbbbbs film laws and regulations

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Selection of a credit cooperative without prison labor for punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. For the basic area (from April to one year) of the type of traffic accident (including serious efforts to recover damage) within the scope of the recommended punishment: In the case of serious injury (including one type of injury caused by traffic accident) / In the case of serious injury (including serious efforts to recover damage);

2. The fact that there was a gross negligence, i.e., the central crime in which the sentence was rendered, and thereby causing serious injury to the victim, is disadvantageous to the Defendant.

However, the victims are not responsible for disregarding the occurrence of the accident, such as disregarding the signal and breaking the intersection, there is an agreement with the victim, there is a comprehensive insurance, and there is only one time before the fine is old.

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